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COM. v. JACKSON

509 Pa. 601 (1986)

506 A.2d 885

COMMONWEALTH of Pennsylvania, Appellant, v. John JACKSON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Sam DONALDSON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Kevin CADEN, Appellee.

Supreme Court of Pennsylvania.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Gaele McLaughlin Barthold, Chief/Prosecution Appeals, Marianna C. Sorensen, Asst. Dist. Atty., for appellant.

Stanley E. Gever, Philadelphia, for Kevin Caden.

John W. Packel, Chief/Appeals Div., Philadelphia, for John Jackson and Sam Donaldson.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

The Orders of the Superior Court are affirmed.

McDERMOTT, J., filed a dissenting opinion in which LARSEN and PAPADAKOS, JJ., joined.

McDERMOTT, Justice, dissenting.

The common thread in these cases is the Superior Court's willingness to decide that the Commonwealth failed to meet its burden of proving an alleged waiver of the defendants' Rule 1100 "speedy trial" rights, based upon the absence of the relevant transcript...

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